Diving can be an exhilarating experience that allows you to experience the adrenaline rush you have been craving. However, it can also pose certain risks, which you must know before you enter the body of water.
When you fail to take proper precautions, the same beautiful body of water can become a trap that leaves you seriously injured. In some unfortunate situations, especially when the diver is involved in a drowning incident, determining liability is necessary for the party that wishes to take legal action.
The following article elaborates on the factors that may impact dive-related drowning cases, how to understand liability, and the steps to take toward legal action. It also discusses the instances where a drowning accident lawyer can help.
How to Determine Liability in a Dive-Related Drowning Case
Different situations may lead to drowning, so every incident must be evaluated uniquely. Here are some factors that may cause dive-related drowning;
1. Diver’s Negligence
The diver might have failed to read all the instructions. They might have also required more experience to proceed with the diving. In a dive-related drowning, if the diver failed to follow safety guidelines, used faulty equipment, or ignored the warnings given by an authority figure, the liability could be assigned to them.
It is important to evaluate whether the diver was the innocent party as this can be used to protect other innocent parties that may not have been responsible for the drowning. Fortunately, a drowning accident lawyer can help you by helping you gather enough evidence to prove liability.
2. Dive Instructor Negligence
Drowning can also result from negligence by diving instructors or guides. Dive operators have a responsibility to uphold, which means they must ensure the safety of their clients at all times.
If they can’t provide the divers with all the instructions they need for their safety, they may be accountable for the accidents. This also includes providing them with all the equipment and supervision they need.
3. Equipment Malfunction
Diving equipment isn’t always reliable, especially when they are provided by diving instructors who don’t know what they are doing. Any manufacturing defects can assign liability to the manufacturer or maintenance provider.
4. Insufficient Warning
When the diving spot is particularly dangerous, adequate warnings should be placed in clear sight and warn the divers from jumping into rough waters. If a diver leaps without considering the signs, the owners may not be responsible.
It is essential to understand liability to move on to the next step of the process.
Taking Legal Action in Dive-Related Drowning Cases
Here are some of the steps you need to follow to be able to take legal action in a drowning accident;
1. Consult a Drowning Accident Lawyer
The best step you can take right after a drowning incident is to consult a drowning accident lawyer. Looking for experienced lawyers is important as they can use their specialized knowledge of water-related incidents to help you establish liability.
With an experienced lawyer, you may not need to do all the legwork required to figure out the liability. You only need to talk to the lawyer and tell them the story. They will do the rest!
This includes collecting eyewitness testimonies, photographs, or videos that can help the case. It also means looking for more complicated records such as dive logs, equipment inspection records, or medical records.
2. Calculate Your Damages
This is where you will need a drowning accident lawyer the most. A lawyer can help you calculate your damages, including the medical bills, funeral expenses, wages lost, and emotional pain you have suffered.
They can also support you in a million other ways, such as negotiating with insurers so you don’t have to. They are the best judges of a fair settlement, and they can ensure you are not taken advantage of.
3. File the Lawsuit
If the negotiations don’t seem to be going in your favor, you can consider taking your case to court. Here, a judge and jury determine the liability and damages you have incurred. An attorney is responsible for gathering all the required evidence and supporting you in court to ensure you get a fair settlement.
Final Thoughts
Diving-related drowning can be traumatic for the family involved. You shouldn’t have to do everything on your own. It is important to place your trust in the right attorney who can help you navigate the legal complexities of the situation.
Taking legal action with a drowning accident lawyer by your side can help you get the compensation you deserve. With Bourassa Law Group, this is exactly what you will be able to do.
Bourassa Law Group can provide you with the lawyers that help you win in a way that makes you feel well compensated for the traumatic incident you have experienced as a family. Call us today at 800-870-8910 for more details.
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